Colorado Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Colorado and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Colorado Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are several laws in effect in Colorado that differ from federal fair hiring laws.

One is the Employment Opportunity Act, which prohibits most employers with 4+ employees from utilizing consumer credit information for employment purposes. Some exceptions do apply, including:

• Employers required by law to obtain credit information (such as banks or other financial institutions)
• Positions that involve contracts with the federal government’s space, defense, national security, or intelligence agencies
• Certain high-ranking management or executive personnel (and their staff)

Do Colorado Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

In Colorado, the Equal Pay for Equal Work Act has some similarities to the Federal Equal Pay Act, although it restricts employers from retaliating or discriminating against potential new hires who choose not to disclose their wage rate history.

Do Colorado Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Colorado’s Job Application Fairness Act (JAFA) restricts employers from requesting an applicant’s age, date of birth, or specific education history on an application.

Do Colorado Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Colorado follows the federal ADA regarding discrimination against individuals with disabilities.

Do Colorado Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Colorado follows the federal GINA regarding discrimination against individuals based on genetic information.

Do Colorado Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Colorado Anti-Discrimination Act (CADA) prohibits employers from discrimination based on protected characteristics. The state law differs slightly in what is considered a protected characteristic, as it also includes hair texture/type/style and gender expression or identity.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Colorado?

The state laws outlined above apply to most employers operating in Colorado. If a city or municipality has its own law in effect, it must provide protections that at least equal those that apply statewide.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.